Q: If I am driving a company vehicle and I am involved in an accident that is not my fault AND I am injured AND not wearing my seatbelt, could BWC deny my claim?
A: So, it sounds as if you are potentially concerned that if you aren’t wearing your seatbelt that the claim could be denied. Remember, the BWC is no fault insurance – if the injured worker was in the course and scope of employment and is injured, the employee is eligible for workers’ compensation benefits.
So, in this hypothetical circumstance, the employer could discipline the injured worker for not following safety policies, etc. but that would have no impact on the allowance of the claim.
As a best practice – I would encourage the Employer to develop, document, conduct training and implement a seatbelt policy and align themselves with the law. Wearing a seatbelt is the law!
The BWC has a sample driver safety written program at : https://info.bwc.ohio.gov/wps/portal/gov/bwc/for-employers/safety-and-training/safety-video-library/Written-Safety-Program-Templates
*Provided by the Ohio BWC safety consultants.